CASE COMMENT: MERGERS - JUDICIAL REVIEW - SUSPENSION

Judicial review: The CFI confirms that the european Commission was entitled to suspend the review of a merger in case some information provided was incomplete or incorrect, even though the Commission had initially and prima facie accepted the information provided and had only realised at a later stage that it was incomplete or incorrect (Omya)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By judgment of 4 February 2009, the Court of First Instance of the European Communities (the 'Court') dismissed the action brought by Omya AG (Omya) against the decision of the European Commission (the 'Commission') which had suspended the examination of the concentration notified by Omya. The significance of this judgment lies in the fact that the Court of First Instance confirmed the Commission's right to suspend the examination of a concentration until the parties have submitted accurate and complete information, pursuant to Article 11(3) of Regulation No 139/2004 (hereinafter "the Regulation"). In this case, the Commission examined the concentration

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Authors

  • Freshfields Bruckhaus Deringer (Paris)
  • Freshfields Bruckhaus Deringer (Paris)

Quotation

Jérôme Philippe, Aude Guyon, Judicial review: The CFI confirms that the european Commission was entitled to suspend the review of a merger in case some information provided was incomplete or incorrect, even though the Commission had initially and prima facie accepted the information provided and had only realised at a later stage that it was incomplete or incorrect (Omya), 4 February 2009, Concurrences N° 2-2009, Art. N° 25940

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